PocketLaw | South Dakota Codified Laws | Discipline Of Attorneys

Discipline Of Attorneys

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Section
16-19-1

Transferred.

Section
16-19-2

Repealed.

Section
16-19-3

Transferred.

Section
16-19-4

Repealed.

Sections
16-19-5 - to 16-19-9

Transferred.

Section
16-19-10

16-19-11. Repealed.

Section
16-19-12

Transferred.

Section
16-19-13

Repealed.

Section
16-19-14

Transferred.

Sections
16-19-15 - to 16-19-18

Transferred.

Section
16-19-19

Repealed.

Section
16-19-20

Inherent power of Supreme Court.

Section
16-19-21

Attorneys subject to discipline by Supreme Court and board.

Section
16-19-22

Supreme Court exclusive power to disbar or suspend attorney.

Section
16-19-23

Powers reserved to other courts to control proceedings.

Section
16-19-24

Disciplinary board of State Bar--Appointment and terms of members--Vacancies.

Section
16-19-25

Chair and vice-chair of the board.

Section
16-19-26

Meetings of the board--Quorum--Vote required for action.

Section
16-19-27

Compensation of members of the board.

Section
16-19-28

Disqualification of board members in particular proceedings--Ad hoc appointments to restore full membership.

Section
16-19-29

Powers and duties of disciplinary board generally.

Section
16-19-30

Complaints and testimony privileged--Board and staff immune from suit.

Section
16-19-31

License to practice law as trust--Duty to conform to standards.

Section
16-19-32

Violations by attorneys as grounds for discipline.

Section
16-19-33

Specific grounds for discipline of attorneys.

Section
16-19-34

Deceit and collusion as grounds for disbarment--Treble damages.

Section
16-19-35

Kinds of discipline authorized.

Section
16-19-35.1

Petition by board for temporary suspension.

Section
16-19-36

Attorney's conviction of crime to be reported to disciplinary board.

Section
16-19-37

Suspension from practice on conviction of serious crime--Setting aside order.

Section
16-19-38

Reinstatement of suspended attorney on reversal of conviction--Pending proceedings unaffected.

Section
16-19-39

Reference for formal disciplinary proceedings on conviction of serious crime.

Section
16-19-40

Parties initiating investigations of attorney's conduct.

Section
16-19-41

Reference for investigation and report in proceeding initiated by Supreme Court.

Section
16-19-42

Complaint and reference for investigation and report in proceeding initiated by attorney general.

Section
16-19-43

Investigation or reference for investigation and report in proceeding initiated by the board.

Section
16-19-44

Individual complaint filed with board or Supreme Court--Reference for investigation and report.

Section
16-19-45

Investigation by board on reference--Report and recommendation filed with Supreme Court.

Section
16-19-46

Proceedings not to be abated for failure to prosecute or settlement.

Section
16-19-47

Processing not to be deferred because of similarity to other pending litigation.

Section
16-19-48

Transfer to medical inactive status for a medical condition.

Section
16-19-49

Resumption of disciplinary proceedings when attorney no longer on medical inactive status.

Section
16-19-50

Accused attorney to be given opportunity to state position.

Section
16-19-51

Procedure required in investigations by board or attorney general.

Section
16-19-52

Notice to attorney of complaint and allegations.

Section
16-19-53

Methods of investigation to be used--Informal conference.

Section
16-19-54

Attorney's duty to respond to board.

Section
16-19-55

Subpoena power of board and attorney general--Disobedience as contempt.

Section
16-19-56

Repealed.

Section
16-19-57

Repealed.

Section
16-19-58

Certified judgment of conviction as evidence against attorney.

Section
16-19-59

Dismissal of complaint on finding not meritorious.

Section
16-19-60

Conditions imposed on attorney on finding of meritorious complaint--Dismissal on compliance.

Section
16-19-61

Notice to attorney of report and proposal for private reprimand.

Section
16-19-62

Response by attorney to proposal for private reprimand--Report and findings by board.

Section
16-19-63

Repealed.

Section
16-19-64

Provisions governing formal disciplinary proceedings.

Section
16-19-65

Consent by attorney to disbarment--Contents of affidavit.

Section
16-19-66

Disbarment by consent--Public disclosure of order.

Section
16-19-67

Findings of fact, conclusions of law, and recommendation of investigating agency shall constitute a formal accusation.

Section
16-19-68

Repealed.

Section
16-19-68.1

Attorney to appear before Supreme Court.

Section
16-19-69

Repealed.

Section
16-19-70

Repealed.

Section
16-19-70.1

Costs and expenses of disciplinary proceedings.

Section
16-19-70.2

Allowable costs and expenses.

Section
16-19-70.3

Proof of costs and expenses required.

Section
16-19-70.4

Judgment for costs against attorney.

Section
16-19-71

Advice to Supreme Court of discipline in another jurisdiction--Copy of order filed--Conclusive evidence of misconduct.

Section
16-19-72

Notice to attorney of disciplinary order from other jurisdiction.

Section
16-19-73

Repealed.

Section
16-19-74

Imposition of identical reciprocal discipline--Grounds for other disposition.

Section
16-19-75

Newspaper publication of suspension or disbarment.

Section
16-19-76

Notice to courts of suspension or disbarment--Order for protection of clients.

Section
16-19-77

Effective date of suspension or disbarment--New matters not to be accepted--Winding up of pending business.

Section
16-19-78

Notice to office clients of disbarment or suspension.

Section
16-19-79

Notice to opposing counsel and clients involved in litigation or administrative proceedings--Leave of court or agency to withdraw.

Section
16-19-80

Affidavit of compliance filed by disbarred or suspended attorney.

Section
16-19-81

Record of compliance maintained by disbarred or suspended attorney--Condition precedent to reinstatement.

Section
16-19-82

Noncompliance by attorney as contempt.

Section
16-19-83

Reinstatement order required before resumption of practice--Time of application--Waiting period after denial of reinstatement.

Section
16-19-84

Petition and hearing on reinstatement--Advance cost deposit--Burden of proof.

Section
16-19-85

Participation by board counsel in hearing on reinstatement--Appearance by and examination of petitioner.

Section
16-19-86

Board findings and recommendation on reinstatement--Placement on Supreme Court calendar.

Section
16-19-87

Dismissal of petition or order of reinstatement--Conditions imposed on petitioner.

Section
16-19-88

Transfer to medical inactive status of attorney subject to certain judicial determinations or orders.

Section
16-19-89

Petition by board for determination of attorney's competency to practice law--Directions for investigation.

Section
16-19-90

Notice to attorney of medical inactive status proceedings--Representation of attorney.

Section
16-19-91

Burden of proof in medical inactive status and reinstatement proceedings.

Section
16-19-92

Order transferring attorney to medical inactive status--Pending disciplinary proceedings.

Section
16-19-93

Reinstatement order required before attorney on medical inactive status resumes practice.

Section
16-19-94

Petition for reinstatement by attorney on medical inactive status.

Section
16-19-95

Reinstatement of attorney to active status.

Section
16-19-96

Waiver of physician-patient privilege by petition for reinstatement of disabled attorney--Disclosure of names by petitioner.

Section
16-19-97

Examination of petitioner for reinstatement--Expense of examination--Additional proof of competence to practice law.

Section
16-19-98

Order of reinstatement to active status from medical inactive status.

Section
16-19-99

Attorney discipline--Proceedings confidential--Violation as contempt--Exceptions.

Section
16-19-100

Retention of files and records of disbarred, suspended, or reinstated attorney.

Rules of Procedure of the Disciplinary Board of the State Bar of South Dakota.